Zilka In Court: Berwyn Officer's 'Parents Are Supporting Erin'

JOLIET, IL — Joliet police officer Erin Zilka appeared Friday in front of Will County Circuit Judge David Carlson for her arraignment hearing on three felony charges filed last month in connection with the Jan. 19, 2020 wreck on Interstate 55 that killed her passenger, off-duty Berwyn police officer Charles Schauer.

Following an 11-month investigation by the Illinois State Police into the deadly crash, a special prosecutor charged Zilka with two counts of aggravated driving under the influence of alcohol and one count of aggravated driving under the influence of a combination of alcohol and drugs.

Zilka, who is a Plainfield resident, went to the courthouse along with a few family members. Relatives of the late Berwyn officer were not in the courtroom. However, Zilka's lawyer told Joliet Patch that Schauer's family is supporting Zilka.

"They were not aware when these charges were filed; that's my understanding," Joliet criminal defense lawyer Jeff Tomczak of Tomczak Law Group said. "The parents are supporting Erin."

A large percentage of high-profile felony cases at the Will County Courthouse take two to three years, sometimes longer, before the defendants go to trial.

On Friday, Tomczak told Patch he believes Zilka's case will go to trial sometime this year.

"I want to get a not-guilty verdict when this matter is decided," Tomczak said outside the courthouse.

Zilka has remained on paid leave from the Joliet Police Department for the past 50 weeks.

On Dec. 8, Joliet Patch reported that the city of Joliet had paid her about $88,000 for staying home from work, leaving the city police force down another patrol officer.

Patch asked Tomczak if he expected the Joliet Police Department to reinstate Zilka as a patrol officer.

"I'll let the police department decide what's appropriate related to her job," he replied.

In Carlson's courtroom, Tomczak revealed that he intends to argue that the death of Zilka's passenger was not caused by his client's criminal negligence.

Rather, the blame squarely falls upon Rodrigo Marin, according to the defense.

Marin, a 43-year-old resident of Plainfield, has remained inside the Will County Jail since March 20, 2020, on a no-bail detention.

The Plainfield man is charged with two counts of felony aggravated DUI, failure to reduce speed to avoid an accident, improper lane use, leaving the scene of a property damage accident, failure to render aid, no valid driver's license and driving while license revoked.

Illinois State Police have said that Marin's 2006 Nissan Titan was southbound on I-55 in an unknown lane just north of Route 30 around 6 a.m. A Hino box truck driven by a Shorewood man was also heading south and was in the right exit lane to Route 30 when for unknown reasons, Marin lost control of the Nissan, crossing over and hitting the front left side of the box truck.

Two minutes later, a 2019 Dodge Durango driven by Zilka smashed into the back of the Hino box truck, killing her passenger.

Marin is accused of leaving the scene of his initial crash, and he was located on foot not far from the crash site, police said.

There was discussion in Carlson's courtroom Friday morning that a plea and sentencing may be nearing in Marin's criminal case. Carlson told Zilka's attorney and Bill Elward, of the Illinois State's Attorneys Appellate Prosecutor Office, that he is the presiding judge for Marin's case.

Tomczak wanted the judge to make sure Marin does not get deported from the United States once any sentencing happens.

"We want to make sure he's not outside the United States when our trial occurs," Tomczak later told Patch. "He's going to be a crucial witness in our case, and we need to make sure he's around. It's our position he's the person responsible for the death of Mr. Schauer."

Zilka was told that her next hearing in Courtroom 405 is scheduled for Feb. 1.

Zilka walked out of the new Will County Courthouse several minutes later. She politely declined to comment about her pending case when Joliet Patch approached her outside the courthouse entrance.

The one-year anniversary of the I-55 crash that killed Zilka's passenger is less than two weeks away.

"She's hanging in there, and she has good support from her family and the family of Officer Schauer," Tomczak told Patch.

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